“The solution is: Get them down, get them handcuffed as quickly as possible, and get them up into a position where you are not going to have a problem with asphyxiation,” said Corpus Christi defense attorney Chris Gale.
Read the full story:
“The solution is: Get them down, get them handcuffed as quickly as possible, and get them up into a position where you are not going to have a problem with asphyxiation,” said Corpus Christi defense attorney Chris Gale.
Read the full story:
According to Section 9.31 of the Texas Penal Code, you’re legally allowed to use force against someone else if you reasonably believe it’s needed to protect yourself from the other person’s use of force or if he or she attempts to use illegal force. Proving self-defense can come with its set of challenges, and it can be claimed in certain circumstances. If a burglar breaks into your home and is holding a gun, you could be justified in shooting that person because he or she poses a serious threat to your well-being. While you technically killed someone, you would not go to jail if the killing was justified (which is often called a “criminal justification defense”).
Self-defense is defined as the use of force or violence to protect yourself or someone else from immediate harm. You must reasonably believe that you’re in immediate danger of death, bodily injury, or serious harm. While this definition may seem simple enough, it raises a lot of questions when it’s used in real life.
It’s a widely accepted belief that someone has the legal right to self-defense and the defense of others. It’s also true when the act of self-defense would normally be considered a crime. Every state allows you to make this claim as a legal defense if you’re accused of a violent crime (such as a murder charge), and the same is true for Federal criminal law.
In Texas, it’s listed as one of several “criminal justification defenses,” which also include the following:
If your actions qualify as one of the justifications that makes you exempt from criminal responsibility, you may use it as an affirmative defense that will justify your actions. You’re not legally required to retreat before you’re justified in using force against another person if you have the right to be at that location, aren’t engaged in any criminal activity, and haven’t provoked the use of force. It can, however, be used to determine if the use of force was reasonably necessary.
Texas Law justifies the use of force if you’re using it to protect other people if you believe they are at risk of being harmed, especially if they’re not able to defend themselves or if their interference is critical in a life-or-death situation. The use of deadly force is justified if it’s being used to protect someone else, but your actions must be reasonable. Your use of force must also be proportionate and appropriate.
Texas considers the protection of property to be a legal extension of self-defense. So, you can use force (including deadly force) to protect your home, workplace, office, or vehicle. But Texas Law does require you to use “reasonable force” in these types of situations, so you must believe it to be a necessary response to someone else’s actions.
You can’t justify the use of force by saying you did it in self-defense, and you can’t attack people who say they’re going to beat you up but keep walking. Punching someone because he or she made a verbal threat would not be considered self-defense, and the same is true for resisting arrest (unless the officer used more force than necessary).
Self-defense may not be an option if you consented to the exact force that was used or attempted. If someone volunteers to demonstrate a judo flip, he or she can’t punch the instructor after he or she has consented to the exact use of force. If you “provoke the use of force,” you can’t claim self-defense. But if someone else provoked the use of force before abandoning the encounter, you might be able to use self-defense to justify any continued attack.
You must be able to back up any self-defense claims with evidence because the prosecutor will persuade the court that the opposite is true, but he or she must be able to prove it beyond a reasonable doubt. It’s an accepted standard of proof that means the evidence in the case and their supporting arguments establish the guilt of a particular person.
If you’re looking for a criminal defense attorney in Corpus Christi to help you with your case, be sure to reach out to Gale Law Group.
Being charged with a crime can have a number of consequences (such as jail time, community service, and a permanent criminal record). While every case is different, many common defenses can be used in criminal cases. There may be holes in the prosecution’s case, which you can use to argue your case. Evidence may have been gathered that violated your constitutional rights, someone else may have committed the crime, or you may have had a justifiable reason. You could even argue that you had no intention of committing a crime or had some type of mental incapacity that caused you to commit the crime.
While some defenses are meant to show that the prosecution has failed to make its case, others are considered “affirmative defenses” (which must be independently proven). Here are some of the common criminal defense tactics that are used in court.
This is one of the simplest defenses in a criminal case, which is raised when you didn’t commit the crime. The prosecution has to prove every piece of the crime with which you have been charged, and it has to do so “beyond a reasonable doubt.” You don’t have to prove anything to be considered innocent, but you have the option to offer testimony, documents, and other types of evidence to support your innocence.
This defense is used in criminal cases where the evidence was collected by the police and other law enforcement agencies. You don’t want to overlook this defense, because it could result in your case being dismissed. Some constitutional violations can include but may not be limited to:
Police officers often make mistakes in how they do their jobs, which may require some evidence to be suppressed and could lead to your case being dismissed.
This is considered an “affirmative defense,” so you will be required to prove it. To use the alibi defense, you must be able to show that you were somewhere else when the crime was being committed. You might be able to get testimony from someone you were with. You can also submit surveillance footage as well as receipts from a restaurant, store, movie theater, or sporting event. You can even show them phone records that prove you were at some place other than where the crime was being committed.
You have most likely heard about this defense in TV courtroom dramas, but it isn’t used as often as you may think. The insanity defense must be proven, and you must show that you were suffering from a severe mental disease or defect when the crime was committed. You must also prove that you weren’t able to know the difference between right and wrong when you committed the crime or that you had an “irresistible impulse” to commit the crime (which means that you knew that what you were doing was wrong but couldn’t stop doing it).
It requires you to admit that you committed the crime, which is another reason why it isn’t used that often. If the jury doesn’t believe you’re insane, you have already admitted to too many of the facts presented against you (which is likely to give the prosecution an easy win). The third and last reason why this defense isn’t used very often is because it usually results in institutionalization.
There are times when defendants aren’t aware of a fundamental part of a crime that the prosecution has charged them with. You could be charged with stealing a car, but you believed a family member or friend wanted to give it to you. This is where a mistake defense would apply. You might have been in a position of authority or responsibility over someone else’s property, kept or used it without the owner’s permission, used it for your benefit, and intended to deprive the owner of the property (which would be considered “embezzlement”). But if you believed you were given the authority to use the property from the owner, you would have a valid mistake defense.
If you have been charged with a crime and are looking for a criminal defense attorney in Corpus Christi to help you come up with a solid defense, be sure to reach out to Gale Law Group.
Also referred to as “The Sparkling City by the Sea,” Corpus Christi is both a thriving metropolis and a beachside haven. But historically, the city has experienced a number of crime-related issues (though efforts have been made to improve safety and reduce local crime rates). Corpus Christi has a mix of urban and suburban areas, so these numbers can vary significantly. But in recent years, there have been concerns about the property crime rates. That’s why organizations and the local police have initiated community programs that are meant to enhance security.
The downtown area has experienced periods of elevated crime rates, which has led to an increased police presence and a number of revitalization efforts. Infrastructure upgrades and community policing have helped to make the area more secure. Like most cities in the US, it sees occasional protests and demonstrations. But, they’re usually peaceful and regulated by local authorities. It is, however, a good idea to stay updated on the Corpus Christi crime rate through local news outlets. They should also be aware of how public events can affect safety and accessibility.
There’s a broad range of criminal arrests in Corpus Christi — from minor misdemeanors to serious felonies. But here are some of the more common crimes being committed in the city:
If you’re in trouble with the law in Corpus Christi, it’s important to get the help of an experienced attorney.
If you have been arrested for an alleged crime in Corpus Christi, it’s important to stay calm. Getting angry or aggressive can make the situation worse and can lead to more charges being filed against you. You need to exercise your right to remain silent, which is guaranteed under the Fifth Amendment. You always have the right to speak to an attorney. If you have been arrested, it’s important to understand your charges and to cooperate with the police. You will also need to provide basic information (such as your name, date of birth, and address).
If you have been arrested and are looking for a criminal defense attorney in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.
Corpus Christi has a higher rate of violent and property crime than the national average. Violent crime in the city is 35% (compared to the national average of 22.7%), while the property crime rate is 56% (compared to the national average of 35.4%). This makes Corpus Christi one of the most dangerous cities in Texas, which highlights the need for more public safety initiatives from local law enforcement and the city government to bring these numbers down.
In 2022, there were 2,512 violent crimes committed in Corpus Christi (791 per 100,000 people), which is 113.8% higher than the national average for that year. There were also 9,915 property crimes committed in 2022 (3,121 per 100,000 people), which is 59.7% higher than the national average for that year. The odds of falling victim to a violent crime in this area is 1 in every 127 residents, which has made Corpus Christi one of the most perilous cities in the United States.
While there has been a steady decline in murder rates in the United States since 1990, there has been an unfortunate uptick in recent years. Corpus Christi stands out as having one of the highest murder rates in the country. It even surpassed other cities that reported the same crime. In 2022, Corpus Christi had 41 murders, which translates to 13 for every 100,000 people. This statistic emphasizes the need for enhanced safety measures and community engagement to reduce the number of violent crimes being committed in this area.
According to statistics from the FBI released in October 2023, the total crime rate in Corpus Christi is 3,911.6 per 100,000 people. This is 68.3% higher than the national rate of 2,324.2 per 100,000 people and 45.33% higher than the Texas total crime rate of 2,691.5 per 100,000 people. Individual crime rates for Corpus Christi were as follows:
Corpus Christi reported 2,512 violent crimes (790.7 per 100,000 people), which was 113.82% higher than the national average. You also have a 1 in 126.5 chance of becoming the victim of a violent crime each year (compared to a 1 in 224 chance for the entire state). Corpus Christi reported 9,915 property crimes (3,120.9 per 100,000 people), which is 59.69% above the national average. You also have a 1 in 32 chance of becoming the victim of a property crime in this city each year, which is 39.01 higher than the Texas property crime rate of 2,245 per 100,000 people.
According to a survey, 29% of Corpus Christi residents don’t believe there’s a great deal of crime in the area and that they feel safe walking alone at night. However, 71% of them believe it wasn’t a safe place to live and didn’t feel safe walking alone at night. The amount of crime in Corpus Christi also depends on the neighborhood, because each one has its own unique crime rate that’s influenced by a number of factors (such as location and socioeconomic conditions).
Neighborhoods that are near the downtown area tend to have higher crime rates because of their high population density, while neighborhoods located on the outskirts will often have lower population density as well as unemployment and poverty rates (which makes them safer environments). The city also has exemplars (such as Mustang-Padre Island, Callallen, and Bay Area) that tend to be safer, while other areas (such as Central City, Northwest, and Flour Bluff) deal with above-average crime rates.
If you’re facing charges and are looking for a criminal defense attorney in Corpus Christi, be sure to reach out to Gale Law Group.
You can feel the consequences of a criminal record long after your legal troubles are over. It can affect your ability to find employment and housing — all while affecting other parts of your life. So unless it has been sealed or expunged, you will face these consequences for the rest of your life. A criminal record is a comprehensive historical document that’s maintained by the state or federal government. It has detailed information about criminal law violations, arrests, and convictions (which are listed in chronological order).
Criminal information will stay on your record forever, and it can be accessed by anyone with the proper authorization. Some states offer a process that’s referred to as “expungement,” which may involve sealing or erasing records. This process can involve removing them from the state database and destroying any physical copies. There is no federal equivalent to record expungement, so the only recourse you can have for these types of crimes is to get a presidential pardon.
In Texas, someone who has completed a deferred adjudication community supervision can petition the court that put that person on probation for an order of nondisclosure for any records related to the crime. This procedure is listed under Texas Government Code §411.071. An order of nondisclosure prohibits criminal justice agencies from disclosing any criminal records related to a specific offense. This is different from an expungement, because the records don’t “go away.” It’s simply kept from being accessed by the public.
Arrests will stay on your record until they have been expunged. You can ask for an order of nondisclosure, but only in certain circumstances. It won’t erase the arrest from your record because law enforcement agencies can still access it, but it does keep it from being accessed by the public. A qualified attorney will be able to guide you through the nondisclosure process.
Convictions can stay on your criminal record until they’re expunged. You can ask the courts to issue an order of nondisclosure. But like arrest records, it can only be done in certain circumstances. It won’t completely erase the conviction from your record because law enforcement agencies can still access it, but it does keep it from being accessed by the public. Be sure to speak to an attorney for more details about the nondisclosure process.
In Texas, juvenile criminal records aren’t automatically confidential and don’t become sealed until that person is 18 years old. Unsealed records can be accessed by different parties, which can include the following:
According to Family Code §58.25, Texas gives you the option to seal some convictions after a waiting period. A new “automatic sealing” process eliminates the need for applications or petitions and requires the juvenile court to seal them based on specific criteria. Another law allows certain juvenile criminal records to be expunged (such as minor alcohol violations that are handled in municipal or justice courts).
While it isn’t as serious as a felony charge, a misdemeanor is still a criminal offense and will stay on your record unless it has been expunged. Except for a few offenses, there’s no predefined expiration date for the presence of a misdemeanor on your record. While they will legally stay on record for life, there may be some limitations with regard to background checks (such as the “seven-year rule”).
If you have been arrested for a misdemeanor or felony, your criminal record may qualify for Texas expungement in the following circumstances:
If you would like more information about expungement in Texas and are looking for a criminal defense attorney in Corpus Christi to help you, be sure to reach out to Gale Law Group.
Texas mediation is a much less formal process than standard litigation, but the process through which issues are resolved involves several different stages that can help all parties come up with a reasonable compromise. Pursuing a lawsuit can be expensive. But by going through the mediation process, two or more people can resolve a dispute in an informal setting with the help of a neutral party (who is called “the mediator”). This can help everyone involved to avoid the more expensive litigation process.
Most mediators are trained in resolving conflicts, though the level of a mediator’s training and experience can vary widely. The same is also true for the cost of the mediator. Hiring a retired judge to be a private mediator can cost you a steep hourly rate, but a volunteer attorney might be available through a court-sponsored settlement conference program or a local small claims court for free.
Unlike a judge or arbitrator, the mediator isn’t there to decide the outcome of a case. He or she is there to help the disputants come up with a solution to their problem by encouraging them to:
The main goal of all involved parties is to come up with a solution that they can live with and trust. Because the mediator doesn’t have the authority to make a decision, nothing will be decided unless both parties agree to it.
Almost any type of issue can be resolved through mediation. Many courts will require you to go through some type of informal dispute resolution process (such as mediation or arbitration) before the litigation process can move forward. They do it because it has been proven to work.
Some of the cases that can be resolved through mediation include the following:
The time it will take to resolve these disputes will depend on the complexity of each case. If they’re somewhat straightforward, they can usually be resolved in half a day. But more complicated cases will require a full day of mediation, with the negotiation continuing after the mediation has ended. If the mediation process doesn’t settle the case, either side can file a lawsuit or continue with the mediation process.
Texas mediation isn’t as formal as a trial or arbitration, but it does have some sort of structure. It takes place in several stages that are put in place for the purpose of getting results. Most mediation cases take place in the following manner:
If you’re looking for someone in Corpus Christi to help you mediate your dispute, be sure to reach out to Gale Law Group.
If you have been discriminated against at work or have been unfairly terminated, you may decide to file a lawsuit. While the idea of taking your employer to court may seem like the ideal scenario, it may not be your best option. The litigation process for an employment law dispute can be financially and emotionally draining, and it doesn’t guarantee a favorable result. Instead of exhausting your time and energy in court, you may want to learn more about the mediation process.
Employment mediation is a type of Alternative Dispute Resolution (ADR) that is offered by the U.S. Equal Employment Opportunity Commission (EEOC) as a way of resolving employment disputes without going through investigative and litigation procedures. It’s an informal process where a trained mediator helps the parties involved to come up with a mutual resolution. The mediator isn’t there to decide who is right or wrong, and he or she has no authority to impose a settlement on any of the involved parties. The mediator is there to help them explore and reconcile their differences.
Here are some of the benefits of employment mediation.
Employment mediation will allow you to come up with more valuable and flexible solutions that are tailored to the needs of every party involved. Unlike the courts (who impose their decisions), mediation can give you the ability to address any interests or concerns that may not be recognized or addressed in a traditional legal setting. This kind of flexibility allows both parties to come up with a unique and more satisfying resolution to their dispute.
In many cases, mediation can lead to faster resolutions compared to the litigation process. Because there’s often a backlog of cases, the court system can take a great deal of time to come up with any kind of conclusion. But with employment mediation, both parties can schedule sessions when it’s convenient and come up with a resolution at a suitable pace (which can save them a great deal of time and emotional energy).
The litigation process can come with legal fees, court costs, and other expenses that can add up quickly. Employment mediation is a more cost-effective alternative, because it requires fewer financial resources. Both parties will often share the cost of the mediator — all while avoiding the expenses that come with litigation.
The mediator’s role is to facilitate the process and to help both parties to come up with a mutual resolution, so he or she is expected to be fair and neutral. They’re not allowed to take sides or show favoritism toward any particular party. Everyone involved will have an equal opportunity to express their views, concerns, and interests.
Mediators will approach the process with neutrality, so they don’t have personal interest or stake in the outcome. They don’t advocate for any specific solution, and they don’t impose their opinions on either party. Keeping this kind of neutrality allows mediators to focus on creating an environment that fosters open communication, promotes understanding, and helps both parties look at options that may be acceptable to everyone involved.
Employment mediation focuses on resolving conflicts in a manner that’s both collaborative and non-adversarial. It also promotes communication, understanding, and empathy between all of the involved parties. By working together to come up with a mutually acceptable resolution, mediation can preserve relationships that could otherwise be damaged by more confrontational approaches.
Employment mediation is a confidential process. It can also provide a safe and private environment for all of the involved parties to openly discuss any specific issues without worrying about public exposure. This kind of confidentiality encourages honesty and openness, which allows all participants to address their concerns more effectively.
Employment disputes can give people the idea that there’s a serious problem in your business that needs to be addressed. If your company has an environment that’s hostile toward some workers, it can negatively impact all your employees. But with employment mediation, you’ll have a better chance of communicating with the person filing the complaint.
If you’re looking for one of the best places to find employment mediation in Corpus Christi, be sure to reach out to Gale Law Group. We have a team of experienced professionals who would be happy to speak with you about your specific needs.
During divorce mediation in Texas, a neutral third party helps couples talk about and resolve any important issues related to the termination of their marriage. Both parties, their lawyers, and a mediator will get together so they can discuss any important matters. It can help them to avoid the more time-consuming and expensive traditional court process, because they’ll be able to come up with a mutual agreement.
Mediators aren’t there to offer legal advice. Their job is to assess the potential risks to both parties and to facilitate the decision-making process. Mediation is part of the litigation process. In most courts, the parties must try to settle their disputes through mediation before the case can go to trial.
Judges will often order divorcing couples to do mediation before they can go to trial, but you have the freedom to decide if you want to mediate (whether it’s before you file for divorce or any time after the process has been completed). A Texas divorce mediation can be beneficial in many ways. Some of them include the following:
Successful mediation can make the divorce process easier, because you’ll be able to take care of all the details related to specific issues. This will allow you to file an “uncontested divorce,” which is faster and less expensive than a litigated divorce (where couples battle each other in court).
Being able to file an uncontested divorce will save you money on attorneys’ fees and other costs associated with going to trial. Most courts tend to “fast track” uncontested cases, because everything has been settled in advance. The judge will be able to finalize your divorce much more quickly than if you had gone to trial.
Texas divorce mediation can work for many (if not most) couples who want to terminate their marriage, even if they have hard feelings and a lot of issues that need to be resolved. While it’s worth a try for most couples, it’s not a great option in every single case. Divorce mediation in Texas may not be right for you if:
If you’re looking for a qualified divorce attorney in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.
Mediation in Texas involves a neutral person (called a “mediator”) who guides both disputing parties through the communication process while also promoting a compromise, settlement, or understanding. Mediators aren’t allowed to express their views or make decisions about the issue being discussed. Their main job is to help both parties come up with an agreement. They’re also not allowed to tell the other party what you have discussed with them unless you permit them to do so.
This process is different than arbitration, which is where each party and their attorneys present their case to a neutral person (who is called the “arbitrator”). This person will then make a decision about the case based on his or her judgment about the facts being presented. A mediator won’t make a decision, but he or she can help both parties reach an agreement on their own.
Most civil cases can be mediated. Some of them can include the following:
If it’s possible for both parties to come up with some type of reconciliation, the courts will encourage them to go through the mediation process before filing a lawsuit. It’s a much less formal setting than the court system. It can also save both time and money. In most cases, mediation can provide a legally enforceable outcome if it’s agreed upon by both parties. So in that sense, it’s similar to going to court.
Before going into Texas mediation, you will need to prepare for the session. You can get advice from someone you trust (such as a lawyer) about what you want to accomplish, as well as on what you are and aren’t willing to compromise on. You also want to bring any relevant materials that you need to show the mediator, so he or she can help you communicate with the other party about what you want.
You want to follow all the requirements that have been set by the courts. But within ten days of getting notice of an order for mediation, you can file a written objection to the mediation requirement. If the court has determined that there are reasonable grounds for your objection, you won’t be required to attend the mediation session.
Mediation in Texas can be helpful if both parties have equal power. They must be able to say what they want without feeling afraid or pressured, but threats and control are common in relationships where one person is abusive. If the abuser is used to being in charge and making all the decisions, there’s a good chance that mediation won’t work. It can also be a problem in divorce or custody cases where the other parent has abused you and you don’t have a lawyer. You are legally allowed to object to mediation in these circumstances.
You’re not required to have a lawyer for mediation in Texas, but it would be in your best interests to hire one to “play the game” on your behalf so you can get the best possible result. When you’re thinking about mediation, picture a chess game. The main objective is to make all the right moves to get the best possible outcome, and lawyers can play many valuable roles throughout the process.
Attorneys won’t speak for their clients in the way they would in a courtroom. They are there to offer guidance and information while also setting a tone that will work toward your benefit. Their job is to support their clients while making sure they understand the risks, benefits, and circumstances of each step in the negotiation process. Attorneys can also help clients manage any opportunities for breaks and private meetings with the mediator while also creating an at-ease environment for their clients.
It’s up to you to decide if you want to hire an attorney for the Texas mediation process, but doing so will only benefit you in the long run. Having an attorney to help you with the mediation process will give you access to a support system, an advocate, and someone who understands “the game.” So if you want to maximize your chances of resolving your case on the best possible terms, it’s important to get an attorney.
If you’re looking for a qualified attorney to help you with your mediation in Texas, be sure to get in touch with Gale Law Group.